Section 784 - Release of Stored Water(a) In exercising its discretionary authority respecting applications to appropriate water, including prescribing or modifying permit terms and conditions, the board may require releases of water diverted and stored whenever such releases are determined by the board to be in the public interest or are needed to protect public trust uses of water, if such requirement is reasonable under Article X, Section 2 of the California Constitution.(b) Notwithstanding subsection (a) of this section, after a permit has been issued and construction has commenced or substantial financial commitment for construction has been undertaken by the permittee, the board will not require a release or bypass of water authorized to be appropriated by such permit unless the permittee agrees to such bypass or release or unless the board at the time the permit was issued expressly reserved jurisdiction to require such bypass or release. This subsection shall not apply to the continuing authority of the board to regulate appropriations of water so as to conform with Section 780 of this subchapter, or to revoke permits as provided in Article 5, Chapter 6, Part 2, Division 2 of the California Water Code. This subsection shall not apply to actions required to implement the provisions of Article 3 (commencing with Section 11460) of Chapter 3, Part 3, Division 6, or Part 4.5 (commencing with Section 12200) of Division 6 of the California Water Code.(c) Before requiring releases of water pursuant to subsection (a) of this section over the objection of the applicant or permittee, the board will hold a hearing and make findings with respect thereto. The hearing will be limited to a consideration of (1) the basis of any recommendation of the Department of Fish and Game pursuant to Water Code Section 1243; (2) whether such releases are necessary to maintain or enhance beneficial uses or to meet water quality objectives in the relevant water quality control plan; (3) the probable effect of releases upon the applicant's proposed project; (4) evidence to assist in the preparation of dry and critical year relief provisions related to releases; and (5) any other issues which may be relevant to the appropriateness of a release requirement.(d) The quantity of water required to be released from storage shall be reduced in dry and critical years as defined by the board on a basis determined by the board to be equitable after considering and balancing the effect of reduced quantity upon downstream conditions and upon permittee's project.Cal. Code Regs. Tit. 23, § 784
1. Renumbering and amendment of Section 763.5 to Section 783 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 40. Note: Authority cited: Section 1058, Water Code. Reference: Section 100, 174, 275, 2142.5, 1253, 1256, 1257, 1258, 1391, 13000, 13001, 13050, 13140, 13141, 13142, 13170 and 13240, Water Code; and National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983).
1. Renumbering and amendment of Section 763.5 to Section 783 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 40.